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HomeMy WebLinkAbout1984-03-20city council minutesBook 25 Page 61 REGULAR MEETING March 20, 1984 7:30 p.m. The Meeting was called to order by Mayor McCluskey. The Mayor requested that everyone stand and give the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Absent: none. (APPROVAL OF MINUTES) MOVED by Cowles, SECONDED by Marcus to dispense with the reading of the minutes of the Regular City Council Meeting of March 6, 1984, and the Regular City Council Meeting of March 13, 1984, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) A John Merrick was recognized and informed the City Council that he was present at the meeting to ask the Council for additional time on the installation of the lighting at Freddy's Bar. The Mayor stated that he would prefer to discuss this item along with the planned discussion on the El Mexico and Ichabods. Mr. Merrick agreed to this. Anthony Hunt was recognized by the Mayor and stated that he was present at the Meeting to give a little publicity for the Fine Arts Series, the Pirates of Penzance, that was to be presented this coming Friday. He distributed complimentary tickets to the Mayor and the members of the City Council. Councilman Cowles recognized Mr. Chuck Randolph, who was present at the Meeting with his Government class from the Caldwell High School. (OLD BUSINESS) (EL MEXICO HEARING OR APPEAL) The Mayor read the following letter that was addressed to the Mayor from Richard Rosenberry; Notice is hereby given that on behalf of my client, Maria J. Paz, regarding the decision of the City Council on February 28, 1984, we do hereby appeal said decision and respectfully request that we be advised of the date the Council will be available to hear the testimony of my client, Maria J. Paz. The Mayor further stated that the time was set for this Regular City Council Meeting and a letter was sent to Mr. Rosenberry to inform him of this date. Mr. Rosenberry was present as well as his client, Maria J. Paz. The Mayor further said that the City Council took their action due to previous problems that have been ongoing for some period of time. Previously, it was determined by the Council that a beer and wine license be refused for the El Mexico. The City Attorney was also present at the meeting at this time. The Mayor then turned the time over to Mr. Richard Rosenberry for his presentation. Mr. Rosenberry informed the City Council and the Mayor that he was present at the Meeting to represent Maria J. Paz tonight regarding her application for beer and wine licenses at El Mexico. Mr. Rosenberry further commented that Mrs. Paz was a qualified individual, is a citizen of the United States, is 39 years old, is divorced with two children at home, lives in Book 25 Page 62 Marsing, and she and her ex- husband do own the building where the El Mexico was located. He then requested that Mrs. Paz come forward and answer questions and discuss the issue. The tape from this discussion is available in the Office of the City Clerk and will be kept for six months as required by state Code. Mrs. Paz, in answer to questions from Mr. Rosenberry, stated that she lived in Marsing, was the person who made the application for the beer and wine license for E1 Mexico, she and her ex- husband, Jesus Paz, own the buiilding, she and her husband did not operate this business last year. It was operated at that time by Romeo and Adrianna Paz who were relatives of hers previously by-_ marriage. She further: said that: she had secured the State and County licenses to serve beer and wine on premises, was also inspected by the Fire Department and made corrections as requested by putting up some exit lights, an emergency light and some outside lights on the Franke's Laundry as well as some panic locks. These things were done in anticipation of receiving license. Mrs. Paz also stated that she would be operating the business on three days, Friday, Saturday, and Sunday between the hours of 9:00 p.m. to 1:00 a.m. She would hire some security officers; one to search at the door and another one inside in the dance area. It was anticipated that hopefully one hundred people would be drawn to this establishment. There was competition at this time from the Multi - purpose Center as they also play Spanish American music there and cater to these people. Mrs. Paz said that she would also be catering to the Spanish American people. She further said that they planned to sell some food, the building has been in operation since 1974 and possessed a license during this time, she was divorced about four years ago, she and her ex- husband do own the building together, she felt that her employees and security officers could maintain control of the people there, in the event someone was intoxicated she would ask the officer in charge to talk to them and would be thrown out of the place if they did not comply with what was asked of them. Mr. Rosenberry then asked Mrs. Pa.z if there would be parking on the streets during business hours at this establishment. Mrs. Paz stated that there would be, the only other business open during these hours would be Franke's which closes at 10:00 p.m. and lights were installed there. Franke's had agreed previously to let the people park in their area, but then somehow they changed their minds after Mrs. Paz put in the lighting. Every person would be searched when they came into the establishment for the purpose of seeing if they had weapons and if they had any whiskey or other spirits. Mrs. Paz stated that she felt she could keep control under these circumstances. The Mayor then asked if the City Attorney or any of the Council members cared to address questions to Mrs. Paz. The City Attorney, John Connolly, was recognized and questioned Mrs. Paz asking her if the lights at Franke's were installed by her or the laundry. Mrs. Paz stated that she installed them in the middle of January. Mr. Connolly asked if she obtained the necessary building permits to do this and she stated that she had not. He also asked who has control over the lights at the laundry and Mrs. Paz stated that they did. Other questions; Mrs. Paz answered that the Laundry said that they would put up some no parking signs and did withdraw permission to use the parking lot, Mrs. Paz said the lights would probably be on while she was in operation, the lights were controlled by a timer. Mr. Connolly then asked if she had ever been licensed to operate the El Mexico before. Mrs. Paz stated she had not, but her ex- husband had been licensed, they have owned the building where the E1 Mexico operates for ten years. Mr. Connolly then stated that she had listed Jesus Paz as her partner in E1 Mexico; was this accurate. Mrs. Paz said that it was. He then asked if she was partners between the years 1979 and 1982. Mrs. Paz said no, maybe 1979. Her divorce was in June or July, 1980. Mr. Connolly then said that prior to her divorce in 1980, between January and July, was Mrs. Paz his partner in the E1 Mexico at that time. Mrs. Paz stated that she was. Mr. Connolly stated that he was confused as Book 25 Page 63 to why she was Jesus Paz's partner in 1984, but not in 1981 and 1982. Mrs. Paz stated that she was out of State at that time; from 1980 until June, 1983. Mrs. Paz stated that she was aware of the law enforcement problems that have existed at the El Mexico over the last five or six years; she agreed that her plans for security will prevent any criminal or law enforcement problems; she also said that most of the incidents have been outside and she said they could not control the outside. Mr. Connolly asked if it was fair to say that none of the security measures that have been discussed tonight will prevent any incidents outside of the establishment. Mrs. Paz stated that when she talked to Mrs. Barnett about her letting me use her parking area, I was willing to put up security officer on the outside in the parking area to cruise around and see what is going on; maybe I could do that too. Mr. Connolly then asked if she was offering this as a condition to the issuance of the license and Mrs. Paz said yes she was. Mr. Connolly asked if Mrs. Paz was stating tonight that she did not feel that the inside security will take care of any incidents that might occur outside as they might have occurred in the past. Mr. Connolly further said that he was asking questions regarding the inside security as there was testimony at the first of the meeting of numerous law enforcement responses to incidents that occurred inside and outside of the E1 Mexico. Is any of the security other than the outside security, is the inside security, someone at the door, someone patrolling inside, is that meant to control or prevent those same kind of things that have occurred in the past outside. Mrs. Paz stated yes. Mr. Connolly then asked if the inside security was different than the security established by your partner in the past or was he doing the same thing. Mrs. Paz stated that she did not know what he was doing in the oast three or four years. Mr. Connolly continued questions to Mrs. Paz which is available on tape in the Office of the City Clerk. The Mayor then stated that he would recognize members of the City Council who cared to ask any questions of Mrs. Paz. Councilwoman Mallea stated that she was not certain as to Mrs. Paz's relationship with Jesus Paz; she said that she was partners, but was she partners in the ownership of the building as well as the management - just what was their professional relationship. Mrs. Paz said that she would be managing the establishment to pay up our bills. He is involved in re'_igion and he wants me to help him out. Councilwoman Mallea further asked if Jesus would be at the business at all. Mrs. Paz stated yes, he would be coming over and will not take an active part in running the business. Mr. Rosenberry stated that Jesus presently lives in Shelley, Idaho. Councilwoman Marcus asked Mrs. Paz what she thought has caused the problems in the past; what was her feeling about why it has been an area of so much trouble. Mrs. Paz said that it was usually young people who do not even come into the dance. There was a lot of good people who come into her place, but just because of a few incidents the establishment has received a bad reputation; from the Press. The Mayor said that the records show that El Mexico has had extremely high incidents of problems. Councilman Norman asked Mrs. Paz if she was aware that in the last three years there has been 87 calls to the Police Station because of disturbances right at E1 Mexico. Mrs. Paz stated that she did receive a letter from the Police Chief about the disturbances. She said she was aware by the letter she received from the Police Chief. Councilman Raymond stated that he was concerned about the parking at El Mexico. There was limited parking there; most other businesses have some parking available. He would like to verify with the Burnetts what the arrangements were or were not, but the problems impact the other neighbors there. How did she plan to protect those neighboring businesses from her patrons. Mrs. Paz said that her former husband had somebody cleaning up after every dance; about the parking, if they do not want them to park at their places, they can mark off their area. Her patrons could park on Main Street as they do Book 25 Page 64 from the other bars. Councilman Raymond stated that The Corral had a parking lot in the bakc and The Office has public parking available within about half a block. There was parking and they do not have one hundred people very often. Further comments were made by the Mayor and members of the City Council. Councilman Cowles asked Mrs. Paz that when an incident occurs inside, what steps are taken to alleviate the problem. Mrs. Paz answered than the security officers would approach them and if they do not control themselves, they would be thrown out or call the Police, Councilman Cowles then stated that under her procedures, she was removing the problem from the inside to the outside; was this correct? Mrs. Paz said no. They would talk to the people and if this does no good they are turned over to the.__, Police. Mrs. Paz further said that this could have been a problem in years past„ but now with the competition there was not as many people. The Police Chief was recognized and made a number of comments with regard to this issue. The police reports and statistics are of record attached to these minutes. Glen Koch, and Mr. and Mrs. Praeger, both property owners in the area, explained their concerns with E1 Mexico and asked the City Council to stand on their decision to not issue the licenses. Mr. Connolly asked that the police reports and data be made a part of the record as well as the applications for the licenses and other correspondence. The City Clerk was given these papers for the record. The Mayor then asked the City Council to take some action on this appeal. MOVED by Carter, SECONDED by Mallea that the City Council delay the decision on this appeal for one week so that they may review the testimony and talk to some of the individuals involved and that a decision would be made at the Noon Meeting the next Tuesday, March 27th. (REPORT ON ICHABODS) MOTION CARRIED The Mayor stated that the next item under Old Business was a report with regard to Ichabods. He would ask that the Building Inspector come forward to comment on this issue. The Mayor explained that Friday after the Council took action on Ichabods, the electrician working for Ichabods came in to get an electrical permit. The City assumed that action would be taken in putting the lights up required to make the establishment safe. The Mayor stated that he would like to read a memo from the Police Chief before Mr. Davis made his comments. The memo was as follows: Regarding your memo on Ichabod's lighting, I drove past the bar last evening and it appeared that no additional lighting had been erected since the initial concerns were raised. I haven't had any contact with Mr. Harris as I believe he has been dealing with the Building Department, The problem of the dark parking lot continues. Since 1 January 1984, the following incidents related to the parking lot have come to our attention; 2 -4 -84 Suspicious subjects in parking lot. 2 -5 -84 Suspicious subjects in parking lot. 2 -8 -84 Two males and two famles involved in an altercation in the parking lot. Males ramming the females vehicle with their vehicle. 2 -26 -84 Tire slashing and subject beaten in the parking lot. 2 -27 -84 Vehicle stolen out of parking lot. 3 -2 -84 Attempted burglary from the darkened parking lot side. Kicked door in. 3 -3 -84 Herb Lewis beaten badly in the parking lot. Severe head injuries. Went to St. Alphonsus critical care unit. Book 25 Page 65 There have been a total of thirteen reported incidents but the above are those related to the parking lot. The Mayor then requested that Mr. Davis, the Building Inspector, relate to the City Council what he found out today for him. Mr. Davis stated that he had a telephone conversation with the electrical contractor who obtained the permit to install the lighting. Unfortunately, the erecting of the poles and the supports for the lighting is not a portion of his contract. Consequently, he is waiting for Mr. Harris to supply the poles so he can install the lighting. The Mayor then said that he talked with the City Attorney after receiving this information and asked him to call Mr. Samuelson, Mr. Harris's attorney, and talk with him about this problem. This was where the situation was at this time; he really had no idea if Mr. Samuelson contacted Mr. Harris or not. The Building Permit was secured a week ago last Friday and the permit was good for sixty days. The Mayor further stated that he would like to delay action on this item until the conversation between the City Attorney and Mr. Harris was repotted back to him. Councilman Cowles stated that he would like to see the Council take action before the next Council Meeting. Councilman Raymond said that as long as there was progress being made, he was reluctant to close a business, but this has reached beyond the bounds of fairness. He felt that the City had done more than necessary, and that Mr. Harris should be told that the lights have to be up by a certain time this week or the license will be pulled prior to the weekend. The Council then discussed this action with Mr. Connolly at some length. The Mayor explained that the license was given to Ichabods with the following statement signed by Mr. Harrison on December 30, 1984: I understand that in the event I have not complied with those requests made by the Caldwell Police Chief within thirty days, my license will be suspended. The Mayor further explained that those requests have not been complied with. Councilwoman Mallea asked that consideration be given that if the lighting was not in by next Tuesday, the City would have the direction from the City Attorney and the proper procedures in place and at that time during the public meeting the license would be withdrawn. Councilman. Raymond pointed out that the weekend was when the bars do the most business and he would like to get Ichabod's attention by withdrawing the license before that time. In this way they would know that it was serious. Further discussion ensued with the City Attorney, Council, and the Mayor with regard to this license at Ichabods. It was then MOVED by Raymond, SECONDED by Norman that the Mayor advise the City Attorney to proceed immediately with the action for revocation of the License of Ichabods in Caldwell with a copy of that directive to be sent to Mr. Harris. Councilwoman Mallea stated that she had a problem with directing an Attorney to take a license; she felt that the Council should vote to remove a license and accept the responsibility for doing that. Councilman Raymond said that this is what he thought his motion indicated. Mr. Connolly, the City Attorney, read the following out of the City Code: Any violation of any of the provisions of this Chapter or any falsification or any misrepresentation in the application shall be cause for revocation or suspension; provided, however, that prior to any revocation or suspension the license shall be afforded an opportunity for a hearing according to Idaho State Code, 23 -1016. The right is hereby vested in the Council to revoke or cancel any beer license at any time for violation of the provisions of the Idaho Code or the provisions of this Chapter of the City Code by the licensee or licensee's employees. Book 25 Page 66 Councilman Raymond than asked if the Council would approve adding to the motion: subjer_t to the proper notification and hearing process establishing Tuesday, March 27th as the hearing time. Council approved and the second approved this addition. MOTION CARRIED The Mayor then recognized Mr. John Merrick, who requested at the beginning of the meeting to speak to the City Council with regard to the stipulations set at Freddy's Bar. Mr. Merrick stated that he would like to ask for an additional month to complete those things that were requested of him at the establishment. Several of the items were on order and he felt it would take some time tc get all in place. Mr. Merrick assured the City Council that he_, was working on the project. MOVED by Mallea, SECONDED by Cowles that Mr. Merrick be given an additional month, until April 29th, to complete his projects and that he will report at that time as to the completion. MOTION CARRIED NEW BUSINESS (AWARD BID ON POLICE CARS) Councilwoman Mallea reported that the bids were advertised as required by law and there was four bids received; two from Edmarks, one from Happy Day Ford, and one from Lanny Berg. All companies met the specifications as determined and the low bidder was Edmark Motor for four Pontiac Phoenix cars of a total bid of $27,457.24 which was within budget. MOVED by Mallea, SECONDED by Norman that the low bid of Edmark Motors in the amount of $27,457 be accepted. MOTION CARRIED (GOLF CONTINGENCY FUND) The Mayor recognized Councilman Norman to discuss this item on the Agenda. Councilman Norman stated that all members received copies of last year's minutes which stated that the increase made for that year would be put into a dedicated fund for capital improvements and equipment and they would like to have a percentage put into this fund from now on. The green fees were raised a small amount at that: time, but no percentage was determined. The Council needed to make this determination and put it into the minutes so it can be set aside as a dedicated fund. There was about $20,000 of increase in green fees that should go into this fund from last year's receipts. This would be a little less than ten percent. Councilman Norman felt that ten percent of the green fees each year should go into the dedicated fund and he would like to hold that description. This was what the Board requested and it sounded reasonable as they have no funds for emergency or capital improvements in the Golf Department. This was discussed with the Board, but Councilman Norman further said that he did want this amount put down as a firm figure as he thought it was a little high. But he would ask that ten percent of the green fees for this year and for continuing be put into the fund. Some kind of a fund was needed for capital improvement and equipment. MOVED by Norman, SECONDED by Cowles that ten percent of the green fees be set aside to go into a dedicated fund for capital improvement and equipment at golf courses. MOTION CARRIED (REPORT ON CLEAN UP PROGRAM) Book 25 Page 67 The Mayor reported that he noted a lot of locations around town that needed to be cleaned up. The Police Department was in the process of picking up junk cars and tagging them. Every year there was a spring clean -up, but he felt that it should be an ongoing project. The Mayor further said that he requested the Department Heads and employees while traveling around Caldwell to make the City Hall aware of problems regarding messes and junk. Councilman Raymond suggested that the Mayor write the Postmaster for some assistance. The Mayor agreed that this might be a good idea. (CLAIM FROM EDMARKS) Mr. Redmond, the City Engineer, explained this claim submitted to the City from Edmark Motors. The claim was in the amount of $1,166.10 and was as a result of an accident that occurred involving a trailer of the City's. The Street Department was delivering their lay down machine to Isom's. They parked the trailer across the street from Isom's and encroached a certain extent into the travel way although there was adequate room for two way traffic. While in the process of delivering the machine to Isom's for repair, a pickup from Bill's Service Parts which they believed was traveling over the speed limit, struck the end of the trailer. The impact shattered the glass in the pickup and the glass carried on over and impacted into a 1980 Cadillac and virtually sandblasted the car. The pickup continued on about sixty feet and ran into a one torte truck of Isom's. It was Mr. Redmond's recommendation at this time to deny the claim and turn over to the insurance company. MOVED by Raymond, SECONDED by Cowles that this claim be denied and turned over to the Insurance Company. MOTION CARRIED (REQUEST TO ADVERTISE FOR LAND SALE) Mr. Redmond, the City Engineer, explained that back in January on the 17th, the City passed an Ordinance of intent to sell two triangular pieces of property on Plymouth. The Ordinance provided a sixty day time frame so that people living in the City wanted to protest the land sale could petition the City Council. To date no petition has been submitted and the sixty day time has passed. Mr. Redmond stated that he was requesting from the City Council authorization to go ahead and advertise this property for sale at auction. MOVED by Mallea, SECONDED by Norman that authorization be given to advertise to auction the property on Plymouth. MOTION CARRIED (CATERING PERMIT) The City Clerk presented one Catering Permit for approval. This was for The Corral to cater to the Owyhee Motorcycle Races at the Fair Building on March 24th; the Police Chief has given his approval and the fee was received in the Office of the City Clerk. MOVED by Mallea, SECONDED by Cowles that approval be given for the Catering Permit as presented. MOTION CARRIED (FINANCIAL REPORT) Book 25 Page 68 Councilwoman Mallea reported that the Finance Committee met and went over the bills. The payroll for the City of Caldwell was in the amount of $206,696.45 of which $48,002.77 was fringe benefits. The accounts payable was $271,049.25 making a grand total of $477,745.70. MOVED by Mallea, SECONDED by Norman that checks be issued and the requests for payment be filed in the City Clerk's Office. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea stated that: the City Council met with the Auditor for the City of Caldwell at noon and had an extensive report on his audit. The City's finances were in sound condition and she would report this with considerable pleasure. Councilwoman Mallea also reported that the meeting in Mountain View was very successful. Councilman Carter reported that he attended the Senior Citizen's meeting and they were having trouble with their budget. They are overdrawn on their line item for heat, light, and water. Their problem was not determined as yet and he would ask if the Building Official would make an energy audit on the building to see if perhaps they could be helped out. Councilman Norman stated that the only meeting he had to report on was the Golf Board. They were in the process of working up their budget and also getting ready for the Treasure Valley Open which would be this summer. Councilman Raymond said that the street that runs parallel with the Freeway past the Holiday does not have a name. This was presenting some problems with the Post Office. Councilman Raymond suggested that the name of Houston be given the street as it would tie in with the other streets in the area. Councilwoman Mallea suggested that the students from Mr. Randolph's class be asked to submit some ideas as to what to name the street. The Mayor agreed that this was a good idea and would ask the class to give consideration to the naming of the street. Mr. Randolph agreed and said they would have a suggestion by next Monday. (MAYOR'S COMMENTS) The Mayor reported that he received a letter from the owners of Victors expressing their appreciation and congratulations to the Fire Department for their response to their recent fire. The Mayor also informed the City Council that he attended the 9 -1 -1 meeting. There was a meeting that he would like to have any Council members attend who have questions. This was to be March 26th, at 1:30 p.m. in the County Commissioner's Meeting Room. They requested that the City come to the meeting with a list of questions. There being no further business, the Meeting was adjourned at 9:35 p.m. APPROVED AS written April , 1984. Cpun C ounc Counc r TH ..S-- 3rd DAY OF May�o cilp6rson s